Survivor B.C. – A WESA challenge for lawyers PAGE 12

INTESTACY MATTERS | WESA | LOVE AND MARRIAGE | ANTI-SPAM LAW

APRIL 2014 | cbabc.org

2 BARTALK / APRIL 2014

BARTALK EDITOR Deborah Carfrae

EDITORIAL BOARD CHAIR Michael Welsh

EDITORIAL BOARD MEMBERS Candice Alderson

Laura Cundari Sandra Harper

Ellen Hong Oana Hyatt

David Madani Sarah Nelligan Rose Shawlee

BARTALK SENIOR EDITOR Maureen Cameron

STAFF CONTRIBUTORS

Simon Bursell Judy Cave

Zameena Dadani Tanya Galic Paula LaBrie Stuart Rennie

Karen St. Aubin Jennifer Weber

Judy Yen

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news&events

Current from December 25, 2013 to March 4, 2014 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclu-sively at cbabc.org.

�� ADULT GUARDIANSHIP AND PLANNING STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 34 Provisions set out in Schedule in force December 1, 2014

B.C. LEGISLATIVE UPDATE

ACTS IN FORCE

LETTER TO THE EDITOR

EVENTS

I’ve been reading BarTalk for many years. The first page I inevitably turn to when I receive this publication is Tony’s article, which always makes my day. Tony’s topics are current and interesting and he handles them with great insight and wit. His humour never fails to add joy to an otherwise uninteresting workday.

I appreciate the obvious thought and effort Tony puts into his work and your good sense to publish him. — Lindsay Goldberg

Tony Wilson

Battle of the Bar BandsNanaimo’s 6th Annual Battle of the Bar Bands, which took place on February 8, 2014, was a huge success! Hosted at the Nanaimo Yacht Club, the event raised approximately $2,000 for the CBA(BC) Benevolent Society. First time master of ceremonies, Ian McFadgen, kept the crowd entertained with his quick wit and comedic banter. Honourable mention goes to Standard of Hair, Blind Elmo, and Carpe Groovum, while House Ar-rest (above photo) took the first place honour. A big thanks goes out to the Nanaimo County Bar Planning Committee for this successful fundraising event.

SAVE THE DATE for Vancouver’s Battle of the Bar Bands Date: June 13, 2014 Time: Doors open at 7:00 p.m. Location: Commodore Ballroom

APRIL 2014 / BARTALK 3

ContentsVOLUME 26 / NUMBER 2APRIL 2014

Departments4 FROM THE PRESIDENT Membership Has Its Privileges by Dean Crawford

5 EXECUTIVE DIRECTOR Be Your Own Future’s Guardian by Caroline Nevin

6 PRACTICE TALK What Makes Lawyers Happy? by David J. Bilinsky

7 DAVE’S TECH TIPS

8 NOTHING OFFICIAL The Sump of All Fears by Tony Wilson

Sections 10 SECTION UPDATE Wills & Trusts – Victoria Charities and Not-For-Profit Law Wills & Trusts – Okanagan Solicitors General Practice – Central Vancouver Island

11 SECTION NEWS Chatter with Chairs – Christine Murray Features12 SURVIVOR BRITISH COLUMBIA by Hugh S. McLellan13 LOVE AND MARRIAGE by Stan Rule14 INTESTACY MATTERS by Genevieve N. Taylor15 THE NAPKIN WILL by Annie Chen23 LAW WEEK 2014

Guests 9 JUSTICE EDUCATION SOCIETY OF B.C. by Marylou Leung

16 ANTI-SPAM LAW FINALLY COMES TO CANADA by Marta Davidson17 PRACTICE POINT by Kate Jenkins

Inside This IssueThis is a life and death issue for BarTalk. With the introduction of WESA last month, we explore its ramifications on survivorship presumptions, new rules regarding spouses in a Will or on intestacy and the expansion of a court’s ability to cure formal testamentary faults. We also get an update from the Justice Education Society of B.C. in time for Law Week and learn about anti-spam laws and inappropriate undertakings. News and Events2 Letter to the Editor re: Tony Wilson Battle of the Bar Bands – Nanaimo and Vancouver Legislative Update 18 CBA Panel on End-of-Life Decisions Inter-Pacific Bar Association 24th Annual Meeting & Conference – May 8-11, 2014 Legal Aid by the Numbers 19 Cariboo Bar Association 2014 Mid-Winter Conference a Success Older Women’s Dialogue Project CBA Legal Conference – August 15-17, 2014 20 CBABC WLF – Lunching with Women Leaders Series Make-a-Will Week CLEBC Update 21 SoloLink – New Initiative Branch & Bar Calendar 22 CBABC Ninth Annual Branch Conference November 14-16, 2014 Clint Sadlemyer, QC – View From the the North Also In This Issue11 MEMBER SERVICES21 LAW FOUNDATION OF BRITISH COLUMBIA24 PROFESSIONAL DEVELOPMENT25 DISPLAY ADS26 BAR MOVES27 NEW MEMBERS

Click here for LEGAL OPPORTUNITIES and ads

4 BARTALK / APRIL 2014

But obtaining your mandatory hours can come at a considerable cost. If you are like most of those who recently responded to a sur-vey from the CBABC, you spent at least $1,000 to $1,500 last year obtaining your professional de-velopment credits. That does not include additional costs if you trav-elled out of your community to at-tend a course. Add up the cost of flights and hotels and the amount could easily have hit $3,000.

$1,500, $3,000 – that’s a lot of money. But as a member of the CBABC, you can fulfill all of your PD credits for much less than that. Why? Because all meetings of our Sections in B.C. are accredited for professional development by the Law Society. All regular member-ships in B.C. – priced at about $650 – include membership in one Section and additional Sections cost $50 each, so for about $750 you can be a member of three Sec-tions, attend 12 meetings over the course of the year and obtain all of your PD credits.

Most Section meet-ings are presented by your fellow practition-ers, who take pride in being asked to present before their peers. My experience, over nearly 20 years of attending Sections meetings, is that the qual-ity of the sessions is very high.

Did you know that more than half of our Section meetings are now broadcast by webinar? That’s right, no matter where you are in the province, with a high-speed In-ternet connection you can take in Section meetings from the comfort of your desk.

Of course, lawyers like to get out of their offices or board-rooms. For those who prefer to obtain their professional develop-ment in a more relaxed setting, the

CBABC organizes excellent ses-sions throughout the year.

Two such events are worth men-tioning. In early May, members of our three Wills and Trusts Sections from the Okanagan, Vancouver and Victoria will gather at the Sparkling Hills Resort in Vernon

for a weekend of pro-fessional development and winery tours. (I find myself wishing I’d taken up this area of practice!)

In November, our Annual Branch Con-ference will take place in Scottsdale, Arizona. If you prefer to obtain all of your 12 cred-

its at once and would like to get away for some sun in November, this three-day event is for you. Our special guest speaker this year is former U.S. Supreme Court Jus-tice Sandra Day O’Connor.

In the weeks and months to come, the CBABC Executive Com-mittee and its staff will be focus-ing on how we can improve our PD offerings to members. With our Sections being the focal point of many practice areas in the prov-ince, we are uniquely positioned to offer considerable value for mem-bership. Look for more to come on this subject in the near future.

Dean Crawford president@cbabc.org

Twitter: @deancrawfordvan

FROM THE PRESIDENTDEAN CRAWFORD

Membership Has Its Privileges Section activities fulfil PD obligations at considerable savings

Quick. How much money did you or your firm/em-ployer spend last year for you to obtain all 12 of your professional development (PD) credits? $500? $1,500? $3,000?

We are now five years into mandatory PD in Brit-ish Columbia. To be sure, there are many good rea-sons for ensuring lawyers in our province are at-

tending to their professional development. Our clients expect us to re-main current in the areas of law in which we practise and to practise to the highest ethical standards. And getting together to improve our skills and knowledge, away from the stresses and adversity that sometimes characterizes our relationships when we are on the opposite sides of a file, is also beneficial.

More than half of our Section meetings are now broadcast

by webinar.

APRIL 2014 / BARTALK 5

EXECUTIVE DIRECTORCAROLINE NEVIN

Be Your Own Future’s Guardian Now is the time to plan

So, if what I’m about to tell you sounds familiar, it’s because you really HAVE heard it before. I challenge you not to tune out, but to actually think about what you personally can do to become a bet-ter guardian of your own future.)

Your first priority has to be fi-nancial planning. Lawyers are, for the most part, self-reliant when it comes to managing and saving money. Only a small pro-portion of lawyers have had the opportunity to earn pensions, and most of those are likely to have done so for only a portion of their working life. The major-ity of lawyers are self-employed, in small firms, or in non-equity positions within larger corporate structures. That makes most of you the only person responsible for thinking about – and plan-ning for – your own future with-out employment income.

It’s important to engage a pro-fessional in managing your finan-cial health in the same way that you look to other professionals to

help with your physic-al and mental wellbe-ing. Your banker is one resource, but as a lawyer you also have access to special financial and in-surance services set up by law-yers for lawyers. CBA Financial Services (CBAF) and CBA Insur-ance Association (CBIA) have ne-gotiated buying discounts with major institutions on your be-half, on business, home and life insurance, as well as investment and savings tools such as RESPs, TFSAs, and group RRSPs. Last year alone, CBIA paid out $8.8 million in premium refunds. Con-tact B.C. rep David Hodgson at d.hodgson@barinsurance.com to start the process of assessing your financial risks, aspirations and realistic options for delivering the financial security and future in-come you and your family need.

Your second priority should be succession planning, also known as crisis and/or end-of-career planning. Not to put too fine a

point on it, but nothing about life is guaranteed except death. The Law Society (LSBC) is well aware of that fact, and has made it your personal responsibility to protect your clients against anything that might disrupt their access to legal services. LSBC has some excel-

lent resources avail-able online, and great on-staff advisors who can talk to you about preparing for the pos-sibility of crises and ensuring a smooth transition to retire-ment. CBA’s Practice-Link bank of articles offers some good tips too. Two good web-

sites to start with: lawsociety.bc.ca and cba.org/practicelink – search “succession planning” to find out more. You might also be interested in real-life practition-ers’ advice on buying or selling a practice, a CBABC May 7th PD program (email pd@cbabc.org for more info).

Whether you’re fresh out of law school, mid-career or looking for-ward to retirement after years of life in the law, it’s always a good time to turn your keen, risk-as-sessing eye to your own life, in the same way you do for clients.

Life is full of milestones: the birth of a child, commitment to a life partner, purchase of a home, retirement and, final-ly, preparation for death. Through every stage of life, a wise person considers the valuable advice, expertise and risk management perspective of a lawyer. Why, then, do so many intelligent lawyers not apply those same skills to the task of looking after the lifecycle of their own career?

A new child in your arms elicits feelings of awe, excitement, trepidation and serious thought about your role as guardian. In the same way, being handed a license to practise law is the start of a lifelong responsibility to yourself and to the profession you chose. Luckily, you have access to lots of help along the way.

(Note: Marketers tell us it takes multiple exposures for a message to “cut through” the clutter and influence behaviour.

Caroline Nevin cnevin@cbabc.org

6 BARTALK / APRIL 2014

GO ONLINE FOR MORE INFORMATION

DAVID J. BILINSKY

practicetalkWhat Makes Lawyers Happy? Perhaps we need to look inward…

would think there would be some consensus. Money, status, fame – these you expect to be rated as fairly high up on the scale.

Up until now, the question was only subject to debate; that is until Lawrence S. Krieger at the Florida State University College of Law and Kennon M. Sheldon, University of Missouri at Colum-bia – Department of Psychological Sciences published their recent re-search paper: “What Makes Law-yers Happy? Transcending the Anacdotes with Data from 6200 Lawyers” (bit.ly/1hhoMCD).

The results may surprise you. “Factors typically afforded most

attention and concern, those relat-ing to prestige and money (income, law school debt, class rank, law review, and USNWR law school ranking) showed zero to small cor-relations with lawyer well-being.”

Apparently achieving status and money does not correlate with happi-ness. So what else did the study find?

“Conversely, factors marginalized in law school and seen in previous

research to erode in law students (psycho-logical needs and mo-tivation) were the very strongest predictors of lawyer happiness and satisfaction.”

The authors based their study on “a hierarchy of five tiers of fac-tors for lawyer well-being, includ-ing choices in law school, legal ca-reer, and personal life, and psych-ological needs and motivations established by Self-Determination Theory (SDT).”

SDT evolved from examining in-trinsic and extrinsic motivational factors on human behaviour.

“Intrinsic motivation refers to initiating an activity for its own sake because it is interesting and satisfying in itself, as opposed to doing an activity to obtain an external goal (extrinsic motiva-tion).” (Wikipedia)

Who were the happiest lawyers? “The group with the lowest in-

comes and grades in law school, public service lawyers, had strong-er autonomy and purpose and were

happier than those in the most prestigious positions and with the highest grades and incomes.”

What were the predictors of happiness?

“The most powerful predictors of well-being in these data, autonomy (r=.66), relatedness to others (.65),

competence (.63), and internal motivation for work (.55) are also sources of professional behaviour and positive performance in lawyers; such lawyers are also likely to produce more, remain longer, and raise the morale of others.”

Not surprisingly, the authors reported

that their findings have import-ant ramifications for lawyer ethics and professionalism.

Who were the happiest in the legal community?

“The judges reported the great-est well-being on all measures – net affect, life satisfaction, and sub-jective WB (worklife balance).”

The rock-bottom conclusions of the research?

r The landlord say your rent is late He may have to litigate

Don’t worry, be happy.… r

– Music, Lyrics and recorded by: Bobby McFerrin.

“Life, Liberty and the Pursuit of Happiness” is a phrase drafted by a certain lawyer by the name of Thomas Jefferson and is understood to be one of the “unalienable rights” to which all humans have been given (and if I may say so, it is much more distinctive than “Peace, Order and Good Government” which is the Canadian equiva-lent, but I digress…). The pursuit of happiness is

a phrase with which lawyers the world over can identify. What makes lawyers happy is a question on which you

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: daveb@lsbc.org Blog: thoughtfullaw.com

The views expressed herein are strictly those of David Bilinsky and do not reflect the opin-ions of the Law Society of British Columbia, CBABC, or their respective members.

Continued on page 7 >>>

APRIL 2014 / BARTALK 7

No matter what career or stage in life we are in, there are steps that we can take to improve our happiness

Accordingly, here is a list of websites that can help you in your quest for happiness:

WikiHow: How to be Happywikihow.com/Be-Happy This article lists 12 things that you can do now to increase your level of happi-ness. Not surprisingly, being optimistic ranks as #1. Other suggestions are “Follow your Gut” and “Own Your-self” (this one really was interesting since it focused on accepting yourself as you are and recognizing that there are people who like you for who you are now. It is all about building a deeper relationship with yourself.) Other suggestions are “Treat your body like it deserves to be happy” and “Be Compassionate.” The easiest suggestion is to just smile.

Huffpost Healthy Living has an article by Jacob Sokol on “12 Things Happy People Do Differently – And Why I Started Doing Them”huff.to/1liRVT7This article is based on the studies conducted by positivity psychologist Sonja Lyubomir-sky. A sampling of the 12 things happy people do differently are: “Express gratitude – When you appreciate what you have, what you have appreciates in value.” Another is “Learn to forgive.” I liked “Commit to your goals” where the author says: “Magical things start happening when we commit ourselves to doing what-ever it takes to get somewhere.”

A different approach was taken in the article “10 Things To Stop Do-ing Today to Be Happier, Backed by Science” by James Clear bit.ly/18ivNU9

Here, “Avoiding deep and meaningful connections,” is #1 backed up by evidence that the people of Okinawa, Japan have incredible longevity de-spite being one of the poor-est prefectures in the country. Their secret? They have strong family ties. Another way to stop being happy? “Ignoring your creative abilities.”

Another great article is “The 20 Things You Need To Let Go To Be Happy” by Ashley Fernelitedai.ly/1cT6822The #1 thing to let go? “The ap-proval of others.” Stop letting other people’s opinions dictate the way you should live. Other

things to let go? “Anger and resentment” or as they say, “Life becomes easier when you learn to accept an apology you never got.” I think a very powerful mes-sage is in the phrase “Stop letting money be your sole motivator; find a career you are passionate about and immerse yourself in it com-pletely.” Another powerful message: “Stop bitching and start doing.” I really liked the suggestion of stopping be-ing so stubborn. “Think of all

you could be exposed to if you stopped believing in opinions other than your own.”

© 2014 David J. Bilinsky

dave’s techtips

“These data consistently indi-cate that a happy life as a law-yer is much less about grades, af-fluence, and prestige than about

finding work that is interesting, engaging, personally meaningful, and focused on providing needed help to others.”

Apparently, we are happiest when we as lawyers provide meaningful service to others.

Continued from page 6

8 BARTALK / APRIL 2014

nothingofficialTONY WILSON

The Sump of All Fears Does the law protect artificially intelligent appliances?

lives in the next 25 years. But will it also mean our smart coffeemakers, toasters (and indeed sump pumps) will have legal rights and need a CBA Subsection for AI lawyers?

I ask because I’m having some legal and ethical issues with my intelligent sump pumps. You see, I need three separate units for my three sumps and each intelligent sump pump has been programmed with its own distinctive telephone voice and personality. Sump #1 is in our garage, and he has the voice and the demeanour of a HAL 9000 computer that won’t open up the pod bay doors after he’s killed every-one on the ship and wants to kill me next. I call him HAL, because I’m totally unoriginal. “Call the neigh-bour,” I say to HAL when he phones me about rising water. “I’m afraid I can’t do that,” he says, in a dispas-sionately articulate, but menacing voice. Then he says: “This conversa-tion can serve no purpose anymore. Goodbye,” and hangs up on me. I asked the manufacturer for help in reprogramming HAL so that he’s

less sociopathic. When I uploaded the patch, HAL kept phoning me and saying things like: “Stop, will you? My mind is going. I can feel it.” When he started singing “Daisy,” I won-dered if I had committed a criminal offence and whether I should report myself to the police.

Sump #2 is programmed to emu-late Marvin the Paranoid Android from the Hitchhikers Guide to the Galaxy “trilogy.” Sump #2 often bragged about how much smarter he was than the other two sump pumps and that he was happy that I had lobotomized HAL to put him in his place. However, he’s still depressed by his career choices, given how smart he is. When he phones me, he says: “I’d rather drown myself in the sump than spend eternity being a hyper-intelligent sump pump in your furnace room.” What are the legal ramifications of assisted suicide for an artificially intelligent sump pump that wants to kill itself?

Sump #3 had a different issue: me. With a voice like Liberace, he phoned incessantly to brag about his “pumps” and how well he was “pumping.” I’d swear he down-loaded “Relax” by Frankie Goes to Hollywood on a dialup net-work just so he could play it in the

background when he called me. In fact, he phoned me so often, I thought he was falling in love with me (not that there’s anything wrong with that). I had to confront him when he created his own Fa-cebook page and listed his status as “In a Re-lationship”… with me!

When he confessed his feelings, I told him I was flattered, but I po-litely said I wasn’t that kind of man. And besides, I’m married. Sadly, he didn’t seem to get the message. He accused me of being a snob and that I didn’t love him because he lived and worked in a sump (which he did). Then he claimed that I thought he was “just software” (which he was). So when I offered to introduce him to the toaster, he accused me of microagression, and demanded that I apologize and undergo sensitivity training like they do at McGill.

Just before I disconnected him, (not caring at this point if the basement flooded), he said: “I’ll be back.”

Should I be worried?

About a year ago, my wife and I went to a legal con-ference in the U.S., only to come home to a flooded basement. We have three sumps, three sump pumps, and another three backup sump pumps (a good start to a bad Dr. Seuss book, I suppose). All the sumps are alarmed, so they buzz annoyingly if a sump pump fails and water rises above a set level. But all that

buzzing won’t help if no one’s home. That’s why I installed three artificially intelligent sump

pumps, which are wired into the phone lines. Not only will these smart pumps phone me on my cell so I can phone my handy neighbour to scope out the problem, each of the sumps will phone my plumber if I program them to.

Artificial intelligence, or AI, will profoundly change our

The views expressed herein are strictly those of Tony Wilson and do not reflect the opin-ions of the Law Society of British Columbia, CBABC, or their respective members.

APRIL 2014 / BARTALK 9

guest

Once upon a time, a small organiza-tion stationed in the Robson Square courthouse started

to introduce young people and community groups to our justice system through court visits. Estab-lished in 1989 as the Law Courts Education Society, the organiza-tion has grown substantially over the years and it is now called the Justice Education Society of B.C.

The Society has introduced over one million people to B.C. courts through its core program and it now reaches more than 400,000 people each year through a series of legal web resources.

The Society’s programs and re-sources serve the general public, teachers, youth, persons with dis-abilities, Aboriginal peoples and im-migrants. These services help indi-viduals better understand how our justice system works and how to address their legal matters.

YOUTH PROGRAMS AND RESOURCESThe Justice System Education Pro-gram (JSEP) provides school groups and community groups with an overview of the justice system, how it works, and who is involved. Ex-periential activities include court watching, court orientations, mock trials, and judge/lawyer sessions as well as career and personal planning.

The program promotes active cit-izenship and builds legal literacy skills.

It also develops and delivers continu-ing professional education seminars for teachers, annual Law Day activ-ities and specialized programs for youth-at-risk and Aboriginal youth.

Several web resources comple-ment these in-person sessions such as CourtsofBC.ca, GangPreven-tion.ca, LawProject.ca, YCJA.ca and LawLessons.ca.

PARENT PROGRAMS AND RESOURCESThe Society provides programs and resources for separating par-ents, helping them to acquire legal information and to build skills that address both legal and inter-personal requirements of separa-tion and divorce.

Working with the Ministry of Justice, the Society developed the Parenting After Separation (PAS) program. PAS workshops deal with family break-up issues of guardianship and/or support and PAS: Finances assists separated parents to deal with the financial issues of separation and divorce.

The Society delivers more than 85 of these three-hour, in-person workshops each year.

The Society developed Canada’s first online PAS course in 2010 and it is now developing the on-line PAS: Finances course. Find these on FamiliesChange.ca.

LEGAL HELP RESOURCESThe Society has become a recog-nized leader in using digital tech-nologies to improve access to jus-tice. The society developed these court websites: SmallClaimsBC.ca, ProvincialCourt.bc.ca, Supreme-CourtBC.ca and CourtofAppeal-BC.ca. These sites provide informa-tion about the process of moving a case forward in the court, includ-ing helpful guidebooks, and access to rules, forms and legislation.

In addition, the Society has de-veloped Canada’s first virtual as-sistant to help people address their Small Claims or Supreme Court matter. For civil cases, the Society provides three levels of triage. A virtual assistant helps website users to navigate to information on the website. Weekdays from 11:00 a.m. to 2:00 p.m., online chat is avail-able for people to ask their ques-tions and for complicated matters, a lawyer responds by phone or email.

The Society has just launched Online Dispute Resolution (ODR) on SmallClaimsBC.ca. Funded by CBA’s Law for the Future fund, the Society has developed a plat-form to help parties resolve issues before going to court. Pre-filing ODR is now live and it includes client intake, secure client messa-ging and agreement preparation, as well as basic case management.

DAVE NOLETTE AND MARYLOU LEUNG

Improves Access to Justice

Justice Education Society of B.C.

Dave Nolette and Marylou Leung, Managers, Justice Education Society of B.C. JusticeEducation.ca

10 BARTALK / APRIL 2014

sectionsWills & Trusts Victoria

uOn Tuesday, January 21, the Wills & Trusts – Victoria

Section met to discuss WESA. Fiona Hunter of Horne Coupar led a roundtable discussion that focused on some of the issues left outstanding by the new Act. Issues on the agenda included the definition of “spouse” and the possibility of giving notice under the Family Law Act of your intention to terminate a relationship. Notice to a spouse was also discussed in relation to the issue of posthumous births and withdrawing consent to the use of stored reproductive ma-terial. Several practice tips and possible solutions were discussed in relation to initial interviews, reporting letters and testament-ary records, the effect of section 47, and changes in survivorship. This sparked excellent discussion about the upcoming Act.

Charities and Not-For-Profit Law

u Sandra L. Enticknap of Miller Thomson LLP discussed the

definitions of charitable gifts by Will and by trust in a Will in her January presentation entitled “Charitable Gifts by Will.” Sandra pointed out during her discussion, there have been some unexpected and inequit-able results. A CBA letter to the federal government in May 2012 proposed amendments to the Income Tax Act to make the rules and benefits of charitable giving by Will more “equitable, intuitive, accessible and rewarding.” In Feb-ruary, the 2014 Federal Budget introduced changes to the Income

SECTION UPDATE

Keep Current A review of provincial Section meetings.

Solicitors General Practice Central Vancouver Island

Meeting in Review: February 20, 2014 Speakers: Chuck Blanaru, Caroline Deane,Bill Younie, Mike Genge, Laura Berezan and Roderick Mont Location: Tigh-Na-Mara Resort & Conference Centre, Parksville, B.C.

Charities and Not-For-Profit Law

Meeting in Review: January 30, 2014 Speaker: Sandra L. Enticknap, Miller Thomson LLPTopic: Charitable Gifts by Will

Wills & Trusts Okanagan

Meeting in Review: January 15, 2014 Speaker: Theresa Arsenault, QC, Pushor Mitchell LLPTopic: The Use of Multiple Wills in Estate Planning

Wills & Trusts Victoria

Meeting in Review: January 21, 2014 Speaker: Fiona Hunter, Horne CouparTopic: WESA Roundtable – Issues to Think About Now

APRIL 2014 / BARTALK 11

Tax Act to address these issues. The proposals contemplate, in part, that where a gift is by Will, the executor/administrator will be able to allocate tax credits among the terminal and estate returns as they choose. Follow-ing the presentation, Sandra led a short discussion. This meeting was well-attended and Section members may access the minutes alongside the recording online. Wills & Trusts Okanagan

uTheresa M. Arsenault, QC, of Pushor Mitchell LLP special-

izes in estate planning and trusts, First Nations transactions and land development, and business and real estate law. On January 15, Theresa spoke to the Wills & Trusts – Okanagan Section about multiple Wills. She discussed probate fee planning, the various uses of multiple Wills, technical requirements for effective multiple Wills, and other issues. Theresa’s presentation was well-received and a lively discussion ensued. The meeting was available by webinar

to remote participants. The recording can be found alongside the minutes online and is access-ible to Section members. Solicitors General Practice – Central Vancouver Island

uOn February 20, 2014, Solici-tors General Practice – Central

Vancouver Island Section part-nered up with CBABC Professional Development to provide a riveting conference in Parksville, B.C. This five-hour conference was action packed with resourceful topics and experienced speakers. The agenda included six sessions on topics such as six valuable sessions, including topics such as foreclosure, solicitor-client privilege, guarantees, indem-nities and independent legal advice. The conference sparked interest-ing dialogue among Solicitors in Central Vancouver Island and was positively reviewed.

Check out more joint PD and Section events online at cbapd.org.

CHATTER WITH CHAIRS

Christine MurrayWOMEN LAWYERS FORUM VANCOUVER ISLAND

On February 28, 2014, the Women Lawyers Forum – Vancouver Island held a dinner with three of our lo-cal women judges. We were lucky to hear Madam Jus-tice Dorgan, Madam Justice Power and Madam Judge Wishart speak about their path to the Bench, effective advocacy and a day in the life of a judge. The event was well-attended with 30 law-yers from different practices. If you have any suggestions for future Women Lawyers Forum – Vancouver Island events, please contact Chris-tine Murray at Christine@casselsmurray.com.

EMAIL: MEMBERS@CBABC.ORG

memberservices

GO ONLINE FOR MORE INFORMATION

Visit cbabc.org for all activities and promotions. Check the CBABC News & Jobs weekly e-newsletter for seasonal promotions and special offers.

\ THE CANADIAN BAR INSURANCE ASSOCIATION (CBIA) is your one-stop shop for all your protection needs. You are invited to compare CBIA rates to other companies, including bank mortgage protection. You will be amazed at how much you could be saving. For more information about the CBIA, go to barinsurance.com. \ The CBA is pleased to announce their relationship with DAS CANADA (DAS) as the

newest CBA Supporting Sponsor and partner in access to justice. A full-service specialist in legal expense insurance, DAS Canada offers access to affordable justice for individuals, groups and small and mid-sized businesses. For more information, please visit das.ca.

12 BARTALK / APRIL 2014

The Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”) is to be proclaimed in force on March 31,

2014. One of the changes that may catch lawyers off guard has to do with the new survivorship provisions in relation to joint tenancies. At present, if Person A outlived Person B, even if only by one split second, Person A is a sur-vivor. Therefore, Person A would receive any assets jointly owned with Person B, any insurance, RRSP or RRIF proceeds under beneficiary designations made by Person B naming Person A, as well as any gifts made to Person A under Person B’s Will. WESA changes all that.

The Survivorship and Presump-tion of Death Act, R.B.C. 1996, c. 444 contains rules establishing the order of death when it cannot be determined who passed away first. In the Survivorship and Presump-tion of Death Act, subject to the terms of any applicable instrument, the younger person is presumed to have survived the elder person. WESA changes this presumption. (This article does not deal with the Insurance Act, R.S.B.C. 2012, c. 1, in which the insured is pre-sumed to have survived the bene-ficiary, as WESA does not change this presumption.)

Survivorship is dealt with in Division 2 of Part 2 (Fundamen-tal Rules) of WESA. Section 5

provides that if two or more per-sons die in circumstances where it cannot be determined who died first, the survivorship rights are determined as if each sur-vived the other. Section 5 goes on to deal specifically with joint-ly owned assets. If joint tenants die and it cannot be deter-mined who died first, each joint owner is deemed to have held the property as ten-ants in common with each other owner.

These provisions are subject to any terms in an instrument that may provide otherwise. An “in-strument” is defined in WESA to include a testamentary instrument

and other legal documents. There-fore, one may think that it would be easy to draft around this, if the client so wished. However, practi-tioners need to be aware of section 10 of WESA. This section pro-vides that to get the benefit of sur-vivorship, a person must survive

another person by five days or longer. If a person fails to survive another person by at least five days, that person is conclusively deemed to have predeceased the other person for all purposes. This five-day period cannot be abridged by an instrument. A survivorship period longer than five days can be created, but not a shorter one. Pursuant to the Interpretation Act, R.S.B.C. 1996, c. 238, the first day is not counted, but the last day is counted; that is, five clear days are required.

Section 10 of WESA also specif-ically deals with joint tenancies. Therefore a joint tenants must survive the other joint owners by at least five clear days to take under the right of sur-vivorship. If there are more than two joint owners who all died and it cannot be de-termined that any one

of them survived by at least five clear days, the property is divided into equal shares between the es-tates of the owners.

One effect of this deemed sev-erance of the joint tenancy of real property is that multiple ap-plications for probate will have to be made. Will drafters need to consider the effects of these new survivorship rules when prepar-ing Wills. This is particularly so where there are gifts in Wills that might end up being doubled as a result of the lack of legal survivorship and two probates being required.

HUGH S. MCLELLAN

Hugh S. McLellan, a partner in the law firm of McLellan Herbert, prac-tises in the areas of estate litiga-tion, estate planning and elder law.

Survivor British Columbia

features

A WESA challenge for lawyers

To get the benefit of survivorship, a person must survive another person by five days or longer.

APRIL 2014 / BARTALK 13

The Wills, Estates and Succession Act (“WESA”) fundamen-tally changes the law in respect of the effects

of marriage and separation on succession rights.

A marriage occurring on or after March 31, 2014, does not revoke a Will. There is no revocation pro-vision similar to s. 15 of the Wills Act in the new legislation, but if the Will is revoked by a marriage be-fore March 31, 2014, then WESA does not revive it (s. 186(3)).

As was the case under the Wills Act, if a spouse makes a Will leav-ing a gift to the other spouse, and after the Will is made, the spouses are divorced, the gift to that spouse in the Will is revoked. This is subject to a contrary intention expressed in the Will.

But section 56 of WESA goes much further. Subject to a contrary intention expressed in the Will, a gift in a Will to someone who is or becomes a spouse is revoked if “after the Will is made and before the Will-maker’s death the Will-maker and his or her spouse cease to be spouses under section 2(2).”

Section 2(2) (as amended by Bill 14 – 2014, which just passed First Reading at the time of writing) provides:

(2) Two persons cease being spouses of each other for the purposes of this Act if,

(a) in the case of a marriage, an event occurs that causes

an interest in family property, as defined in Part 5 [Property Division] of the Family Law Act, to arise, or(b) in the case of a marriage-like relationship, one or both per-sons terminate the relationship.

Even for a married spouse, a separation will be sufficient to re-voke a gift, because Section 81 (b) of the Family Law Act provides that “on separation, each spouse has a right to an undivided half interest in all family property….”

What if the spouses subsequent-ly reconcile?

Section 2(2.1), which was added in Bill 14, provides:

(2.1) For the purposes of this Act, spouses are not considered to have separated if, within one year after separation,

(a) they begin to live together again and the primary pur-pose for doing so is to recon-cile, and(b) they continue to live together for one or more per-iods, totalling at least 90 days.

The Family Law Act has a similar provision in s. 83, the effect of which is that an inter-est in family property will not arise if spouses reconcile within one year in accordance with the above criteria.

But unless section 2.1 of WESA or section 83 of the Family Law Act applies such that the spouses are not considered to have sep-arated, a future reconciliation does not revive a revoked gift. This is because section 56(3) of WESA says:

(3) Despite section 2(2.1), the

operation of subsection (2) is not affected by a subsequent reconciliation of the Will-maker and the spouse.Separation will have other sig-

nificant implications under WESA. A separated spouse will no longer have any entitlement if her former spouse dies without a Will. Nor will she have the right to apply to vary her former spouse’s Will under Division 6 of WESA, which is the successor legislation to the Wills Variation Act.

STAN RULE

Stan Rule is a partner at the Ke-lowna law firm of Sabey Rule LLP. Stan’s preferred areas of practice are wills, trusts, estates, and es-tate litigation. He writes a legal blog entitled “Rule of Law.”

Love and Marriage (and WESA)

14 BARTALK / APRIL 2014

GENEVIEVE N. TAYLOR

features

Lawyers are in the busi-ness of avoiding intes-tacy. So why should the Bar take notice that the Wills, Estates and Suc-

cession Act, S.B.C. 2009, c. 13 (“WESA”) changes intestacy in B.C. beginning March 31, 2014? Most obviously because people continue to die intestate. Even where there is a will, however, ap-plications for probate and other proceedings require notice to intestate successors. It also ap-pears as though intestate succes-sors must consent to distribution of an estate within 210 days of a representation grant, whether pro-bate or administration.

The biggest changes to intestacy under WESA affect spouses and remote relatives. Under both the new and old regimes there is a pref-erential share for a spouse. Pegged pre-WESA at $65,000, it required legislative change to be increased. WESA sets the preferential share by reference to whether the de-ceased’s descendants are common with the spouse (i.e. not a blended family). If so, the spouse receives $300,000 (or a greater amount set by regulation). If the descendants are not all common, the preferen-tial share is reduced to $150,000. Half the residue then goes to the spouse regardless of the number of children. Spouses now lose their rights immediately on separation.

Pre-WESA a spouse received a life estate in the home. WESA provides

no such entitlement, but rather an option for the spouse to purchase the home from the estate. This recognizes the significant value that can exist in a home relative to an estate’s size. The proposed administrator must give notice of the option when ap-plying for administra-tion. The spouse then typically has 180 days after the date admin-istration issues to ex-ercise the same. The court sets the home’s value should there be a dispute. The spouse may “pay” by a regis-tered charge where in the court’s view the spouse would suffer significant financial hard-ship if required to purchase the home and the spouse’s prejudice in

leaving the home would be greater than the prejudice to the descend-ants by delaying their interest.

Another significant change is where there are no immediate family members. The new par-entelic system results in the same

distribution to descendants, par-ents, and their descendants as under the old law, but changes the distribution for remoter relatives. Pre-WESA distribution is based on the table of consanguinity, looking to the closest relative or class to take the whole of the estate. Paren-telic distribution divides an estate between relatives of the deceased’s parents (as the name hints) start-ing first with the grandparents and their descendants. If there are per-sons on both parents’ sides, the estate is divided between the two sides (e.g. equally to a maternal

grandmother and pa-ternal uncle). If there are no relatives at this level then one looks to the grandparents of the parents and their descendants in the same fashion.

WESA sets a limit on the degrees of re-lationship that will qualify as intestate

successors. Any persons (other than descendants) more than four degrees of separation from the deceased are excluded. Where this results in no heirs, the estate escheats to the Crown. This lim-itation is useful where intestate successors have no entitlement to share in the estate, but are entitled to notice. It does mean, however, that an intestate estate could “go to the government.”

While it is preferable to avoid intestacy through proper planning, there will always be those who, for fear of mortality (or of lawyers), avoid planning. Where intestacy happens or where intestate succes-sors matter there is now WESA.

Genevieve N. Taylor, Legacy Tax + Trust Lawyers.

Intestacy Matters Changes to Intestacy Under WESA

WESA sets a limit on the degrees of relationship that will qualify

as intestate successors.

APRIL 2014 / BARTALK 15

The new Wills, Estates and Succession Act (“WESA”) comes into force in B.C. on March 31, 2014. Some of the provisions

in WESA preserve the existing laws; however, there are also some new provisions being introduced.

SECTION 58 CURATIVE PROVISIONOne of these is the curative pro-vision in section 58. This cura-tive provision gives the court the power to offer relief in certain cir-cumstances where the normally required testamentary formalities have not been met, whether in a Will or other testamentary dispos-ition document.

Pre-WESA laws required strict compliance with testamentary for-malities, which in some instances led to unfair results. The curative provision provides relief, added flexibility and powers for courts. On the downside, it can also lead to more uncertainty and will likely result in more litigation.

WHAT CAN BE ADMITTED?Courts can consider any “record, document or writing or marking on a Will or document.” “Record” is defined as including data that “is recorded or stored electronically,” “can be read by a person” and “is capable of reproduction in a vis-ible form.” This means that a rec-ord can be any form of writing or marking on any medium, whether

electronic, paper or otherwise (i.e. emails, text messages, napkins, scraps of paper). It is important to note that this is a non-exhaustive list and, therefore, it is wide open to the courts to consider other items as a “record.”

THE TESTThe court may make a curative order under section 58 if it deter-mines that the record/document represents a deceased person’s testamentary inten-tions or the intention to revoke, alter or revive a Will or tes-tamentary disposition in a docu-ment other than a Will. There are other jurisdictions that have similar provisions (Manitoba, Saskatchewan, New Brunswick, P.E.I., Quebec and Australia). Manitoba has provisions that are the most similar to WESA. In determining whether to grant a “cure,” Manitoba courts gener-ally take into consideration the finality of the record/document, and the authenticity and degree of connection of the record/docu-ment with the deceased.

If the test is met, the court can make an order that the record/document is fully effective as the Will or part of a Will, as a revoca-tion, alteration or revival of a Will or as the testamentary intention of the deceased person.

OTHER ISSUES TO NOTEUnlike the rectification provisions in section 59, there is no specified limitation period for the section 58 curative provision and no pro-tection for a personal representa-tive that distributes any part of an estate that may be affected by a subsequent section 58 court order. Personal representatives will have increased duties and obligations to search for records, documents or other items that may represent the deceased’s testamentary inten-tions. How far a personal repre-sentative will have to go to fulfill

his/her due diligence will remain to be seen.

PRACTICAL CONSIDERATIONSPractitioners will need to be more careful in keeping records/notes of their discussions with clients, their instructions and clearly mark draft documents as drafts.

Practitioners should also be diligent in trying to get planning completed for clients and warn clients to be careful about the possible subse-quent effects of section 58.

With WESA, the pendulum has swung from strict compliance to the other far end of the spectrum. The potential broad expansive reach of the section 58 curative provision will likely lead to more litigation and create much uncertainty. However, one thing is clear; all eyes will be on the first cases under section 58.

Annie Chen is an associate at Richards Buell Sutton LLP. Her practice is focused on creative estate planning (personal estate planning and corporate planning) and business law (practical advice for owner-managers).

The Napkin WillThe new Wills, Estates and Succession Act

ANNIE CHEN

16 BARTALK / APRIL 2014

Key elements of Can-ada’s anti-spam legis-lation (“CASL”) come into force on July 1, 2014. Globally, CASL

may be the toughest legislation regulating commercial electronic messages (“CEMs”). It will affect any business, not for profit, secur-ities registrant and individual who electronically communicates and markets to clients in Canada.

CASL targets three activities: �� Spam – prohibits sending, caus-ing or permitting to be sent CEMs without recipient’s con-sent, and introduces form and content requirements.�� Phishing – prohibits altering transmission data in an elec-tronic message without express consent.�� Spyware/Malware – prohibits installation of computer pro-grams on another’s computer, or causing electronic messages to be sent without express consent.“CEM” means any electronic

message that encourages partici-pation in a commercial activity, regardless of whether there is an expectation of profit. “Participa-tion in a commercial activity” need only be one of the purposes of the CEM – it is not clear if it has to be the dominant purpose. To determine if a message is a CEM, senders should consider the content and any included contact information and hyperlinks to websites. The technology-neutral

language in the definition of CEM means CASL is not limited to emails. It also applies to CEMs such as unsolicited text messages (“cellphone spam”). Voicemail and fax messages are excluded.

An entity does not need to be a spammer, or even be located in Canada, to be caught by CASL. Its scope is not lim-ited to activities in Canada; it applies to CEMs where the com-puter system used to send or merely access the message is located in Canada.

CASL does sensibly include several exceptions. There is no form or consent requirement for certain communications, in-cluding: family/personal, business to business, social networking, charity fundraising and political solicitation communications.

If a sender determines its mes-sage is a CEM to which no ex-ception applies, then all CASL requirements concerning consent, inclusion of prescribed informa-tion in a “clear and prominent” manner, and an unsubscribe mech-anism must be complied with. The sender’s contact information and the unsubscribe mechanism must be valid for 60 days after the mes-sage is sent.

Consent to receipt of CEMs may be express or implied, and onus to prove consent rests with

the sender. To validly obtain ex-press consent, detailed rules on content must be complied with, including a statement that con-sent may be withdrawn at any time. The CRTC Regulations ac-companying CASL state that the consent request should be made separately from the CEM and should not be bundled with other terms and conditions (e.g. in terms of use or sale). Further, any elec-tronic request for consent is itself a CEM, and must comply with the form and consent provisions.

Consent may be implied in certain limited cases where there is an ex-isting business or non-business relationship within the two years prior to the message being sent. Implied consent may also exist where someone has conspicuously pub-lished their email ad-dress, provided that

person has not indicated that they do not want to receive these types of messages.

CASL will undoubtedly cause compliance headaches and the first test cases against spammers will be eagerly watched. While CASL will not eliminate spam al-together, a dramatic reduction in spam should occur fairly quickly. Australia passed similar legis-lation in 2004, and in 2005 it dropped out of the world’s top 10 spam originating countries. CASL should fulfil its intent to deter the most damaging forms of spam in Canada and help drive spammers out of Canada.

MARTA DAVIDSON

Anti-Spam Law Finally Comes to CanadaSpam, phishing and spyware targeted

Marta Davidson practises in com-munications and securities law at Robertson Neil LLP.

guests

INAPPROPRIATE UNDER-TAKINGS IN CIVIL LITIGATION

Undertakings are “sol-emn, if not sacred, promises made by lawyers.”1 Most law-yers are aware that

a breach of undertaking triggers mandatory reporting to the Law Society of B.C. (LSBC), see 7.1-3 of the Code of Professional Conduct (“B.C. Code”). Less well-known is that it may also be considered pro-fessional misconduct to impose an unreasonable undertaking. When does an undertaking cross the line from merely inappropriate to professional misconduct?

OVERUSE OF INAPPROPRIATE UNDERTAKINGSThe overuse of undertakings erodes their solemnity in the profession. Counsel should refrain from rou-tinely imposing undertakings:�� where an agreement from op-posing counsel ought to suffice;�� which are the subject of existing professional obligations; �� which concern common actions in litigation, such as responding to correspondence2; or�� verbally and cavalierly, without confirming in writing to ensure the terms are absolutely un-ambiguous.3

Unless otherwise expressly stat-ed, a lawyer is required to per-sonally perform the undertaking. Thus, it is arguably improper to

impose an undertaking where one is aware that:�� the action is outside opposing counsel’s supervision and con-trol; or,�� opposing counsel must rely on the client’s confirmation that the actions have been taken.4 To avoid imposing in-

appropriate undertak-ings, consider whether a “sacred” promise is necessary. Is there a reason that an agree-ment would not suf-fice? Does the subject of the undertaking truly require opposing coun-sel’s “most urgent and diligent atten-tion possible in all of the circum-stances?”5 If the answer is “no,” then an undertaking is inappropriate.

UNDERTAKINGS & PROFESSIONAL MISCONDUCTDisciplinary action may result where counsel knowingly im-poses an undertaking which can-not practically be fulfilled, or an undertaking that is “impossible, impractical or manifestly unfair,”

see B.C. Code Rules 2.1-4(b) and 7.2-11(a). Additionally, it is mis-conduct to impose an undertaking with an underlying improper mo-tive, such as to gain unfair advan-tage over the opponent, to tie up settlement proceeds, or otherwise cause delay.6

WHAT TO DO UPON RECEIPT OF AN IMPROPER UNDERTAKINGWhether to accept an undertaking is voluntary. Thus, should counsel be on the receiving end of an in-appropriate undertaking, or even

an undertaking merit-ing disciplinary action, the reaction ought to be the same: respond forthwith, in writing, declining the undertak-ing and returning any accompanying subject matter. Even where the undertaking is “mani-festly unfair” counsel cannot rely on this as a

defence in disciplinary proceedings for breach of undertaking.7

Practice PointInappropriate undertakings

Kate Jenkins is a lawyer at Bilkey Law Corp., and an adjunct profes-sor of insurance law in the Faculty of Law at Thompson Rivers Uni-versity. Kate offers pro bono ad-vice and representation to counsel involved in disciplinary matters.

1 Law Society of B.C. v. Heringa 2004 BCCA 97, quoting the LSBC hearing panel, para. 55 2 LSBC v. Boles 2007 LSBC 43 3 See commentary [1] to Rule 7.2-11 of the B.C. Code 4 LSBC v. Jeletzky, 2004 LSBC 17 5 Law Society of B.C. v. Heringa 2004 BCCA 97 6 LSBC v. Richardson, 2011 LSBC 04, para. 30 7 LSBC v. Richardson

KATE JENKINS

APRIL 2014 / BARTALK 17

Undertaking are “solemn, if not sacred,

promises made by lawyers.”

18 BARTALK / APRIL 2014

news&events

End of life decisions are once again on the public policy agenda as a result of recent court cases, Quebec’s proposed legislation and on-going scholarship. On Sunday February 23, National magazine hosted a live webcast of CBA’s End-of-Life panel discus-sion. Led by moderator Pierre Moreau, panelists discussed the

slippery slope, doctors’ need for clarity in the law and the role the CBA can take in shaping the discussion going forward.

If you missed it live, tune in to hear what they had to say and add your voice to the discussion

CBA NATIONAL NEWS

CBA Panel on End-of-Life Decisions

On March 11, Statistics Canada released its annual Legal Aid in Canada report, which states how much money the vari-ous levels of government are spending on legal aid, and de-tails where that money is going.

Governments spent about $813-million in all the provinces and territories in 2012-2013, an average of about $23 a person, based on a federal population of 35 million. That’s up about a dollar from 2010/11, when $752-million spent on legal aid plans across the country aver-aged out to $22 per person.

It should come as no surprise that more of that money went to criminal matters than to civil. According to the Statistics Can-ada report, of the $813-million spent in 2012-2013, $674-mil-lion went to direct legal aid ex-penditures, and of that number, more than half, $357-million, went to criminal matters, while $317-million went to civil. (“Dir-ect” legal aid expenditures in-clude fees for private and legal aid lawyers, as well as office expenses, such as staff salaries, benefits and overhead).

Most provincial and territor-ial legal aid programs ended the 2012/13 reporting year in the black: only Nova Scotia, Manitoba, British Columbia, Yukon and Nunavut were in deficit positions at the end of the period, while most of the others ran small surpluses.

Read more

CBA NATIONAL NEWS

Legal Aid by the Numbers

The Annual Conference of the Inter-Pacific Bar Association (IPBA) is the pre-eminent gathering of lawyers with an Asia-Pacific focus. Taking place in Vancouver, B.C. from May 8-11, 2014, IPBA 2014 will feature more than 25 special guest speakers, leaders from the world of business, policy development, environmental awareness and the law, debating aspects of the Conference theme: Sustainability in a Finite World.

Find out more

EVENT

Inter-Pacific Bar Association 24th Annual Meeting & Conference – May 8-11, 2014

L-R: Dr. Angela Genge, Jocelyn Downie, Hugh R. Scher and Pierre E. Moreau

APRIL 2014 / BARTALK 19

The highlight event of the con-ference was the Saturday Night dinner attended by The Honour-able Judith Guichon, Lieutenant Governor of B.C., who gave a short address, and a Keynote Speech by The Honourable C.E. Hinkson, Chief Justice of the B.C. Supreme Court. The Chief Justice spoke on the current challenges and delays in the B.C. Court system, including issues of scheduling and demand through-out the province.

In 2012, the United Way Lower Mainland provided the Canadian Centre for Elder Law (CCEL) with one year of funding for a community engaged research project focused on older women living in the Vancouver Lower Mainland. The goal of the initia-tive was to investigate and iden-tify the barriers to well being for older women, and pinpoint some strategies for addressing these social policy and legal issues.

During this first year of work on the Older Women’s Dialogue Project, the CCEL collaborated with the West Coast Women’s Legal Education and Action Fund to hold a series of consultation events. With the generous assist-ance of local community organ-izations we held 22 consultation events in nine different languages. We met 314 women, hearing from women in their 50s, 60s, 70s and 80s. Events ranged in size from 5 to 27 participants.

INITIATIVE

Older Women’s Dialogue Project

EVENT RECAP

Cariboo Bar Association 2014 Mid-Winter Conference a Success

CBA LEGAL CONFERENCE ST. JOHN‘S | NEWFOUNDLAND AND LABRADOR |

AUGUST 15–17 | 2014

Register before June 13 to take advantage of early bird rates!www.cba.org/cbaclc2014/ #cbaclc2014

L-R: The Honourable Chief Justice Hinkson, The Honourable Judith Guichon, Lieutenant Governor of British Columbia, Donna A. Barnett, MLA, Heidi Zetzsche, Inspector Nathan Davies, Aide de Campe

The consultation events fol-lowed a focus group format, with an independent facilitator leading the women through a series of open questions asking women to identify current barriers to their well being and quality of life. The facilitators asked about barriers connected to:�� poor treatment and discrimination;�� income security, poverty and pensions;�� legal systems;�� family dynamics;�� personal safety and abuse;�� housing; and�� immigration.

View the report Your Wordsare Worth Something: Identifying Barriers to the Well Being of Older Women that summarizes what CCEL learned from the women

20 BARTALK / APRIL 2014

news&events

WILLS AND ESTATES PUBLICATIONS New legislation means busy times for the CLEBC Publica-tions Department. We’ve been hard at work publishing updates to all our Wills and Estates re-sources – both online and print.

The WESA Transition Guide includes overviews and full, annotated versions of the WESA and the Probate Rules,

along with detailed tables of concordance.

The B.C. Probate and Estate Administration Practice Manual is the first resource for the B.C. legal profession when handling probate and estate administra-tion matters.

B.C. Estate Planning and Wealth Preservation is a compre-hensive guide to help you provide effective estate planning strategies and tools for your clients and their complex portfolios. Includes valuable overview commentary to details of tax planning techniques and drafting considerations.

Wills Precedents: an Annotated Guide is an immensely popular collection of sample Will clauses

and documents that includes rep-resentation agreements and many other B.C.-focused precedents.

Annotated Estates Practice 2014, a portable consolidation of core Wills and Estates law materials, includes key statutes annotated by leading estates lawyers. The current edition includes the full consolidated text of the WESA, and of the new Probate Rules and forms.

For more information, visit the CLEBC website at cle.bc.ca.

NEWS

CLEBC Update

The CBABC WLF in partnership with the Law Courts Inn has launched a new education series called “Lunching With Women Leaders.” The CBABC WLF has held a very popular annual Educa-tion Day for the past ten years but decided to hold three lunchtime education events this year in order to reach a larger audience. Reaching a larger audience was certainly achieved at the first event.

The first lunch held on February 7, 2014 was titled “Sheryl Sand-berg’s book “Lean In”: Its relevance and significance to women lawyers.” The presenters were Allison Wolfe who coaches lawyers and Linda Robertson, a lawyer coach and current national WLF Co-Chair. Registration was so strong in the first few days that the event was moved to the large dining room at the Law Courts Inn. One hundred and forty women attended, including the WLF’s first provincial and national chair Kerry-Lynne Findlay, PC, QC, who is currently Minister of National Revenue.

There is clearly a great deal of interest amongst women to learn more about how to take on leadership roles and achieve greater success in the law. The presentation focused on four of the many challenges raised by Sandberg in her best-selling book “Lean In”: women and the imposter syndrome; asking and negotiating on our own behalf; the myth of doing it all; and taking a seat at the table. There were many good questions after the presentation.

The next two lunch events will be on Friday, April 11 “Leaning In Without Falling Over: How women lawyers can build resiliency to

advance in the law” and on Friday, May 16 “Leaning In as Women Leaders: The strengths that women lawyers bring to leadership.”

CBABC WLF NEWS

Lunching with Women Leaders Series

Provide for the people and charities you care about. Make a Will today.

www.ag.gov.bc.ca/make-a-will

NEWS

Make-a-Will WeekThe Government of B.C. has pro-claimed March 31 - April 4 Make-a-Will Week. Lawyers and the public can partake in a number of activities throughout March and April, including free law classes, online resources, workshops on WESA and section conferences.

Read more

APRIL 2014 / BARTALK 21

APRIL 10 Law Day 2014

15 CBABC PD: Don’t Get Lost at Sea – A Beacon for Law Practice Accounting — Webinar

29 CBABC PD: Ethics in Action – Practice and Community — North Van

30 CBABC PD: Non-Disclosure Agreements — Webinar

MAY 2-3 CBABC PD: Joint Conference and Retreat with the Wills & Trusts Sections — Vernon

6 CBABC PD: Judicial Bias – Say it isn’t So – Or is it? — Vancouver

7 CBABC PD: Buying or Selling A Solo/Small Firm Law Practice – Is that the Right Fit for You? — Webinar

8 CBABC PD: An Anatomy of the Civil Forfeiture File – From Opening to Closing — Webinar

8-11 Inter-Pacific Bar Association’s 24th Annual Meeting and Conference — Vancouver

13 CBABC PD: Ethics in Action – Practice and Community — New West

13 CBABC PD: Decoding Medical Records for Effective Trial and File Management — Webinar

15 CBABC PD: Civility in the Courtroom: Essentials for Trial Lawyers — Webinar

22 CBABC PD: Interviewing Children in Family Law — Webinar

29 CBABC PD: Ethics in Action – Practice and Community — Kelowna

BRANCH & BAR

CalendarNew InitiativeThe SoloLink project provides an opportunity for practition-ers who are in a sole practition-er or small firm setting to pose questions, offer advice and share information with other lawyers. SoloLink is a positive, real-time resource which fills an immediate need for those prac-titioners who otherwise may have limited access to practice resources whether related to substantive or procedural legal matters, office management, general practice or otherwise.

If you are interested in join-ing SoloLink please email

sololink@cbabc.org.

LAW FOUNDATION OF BRITISH COLUMBIA

resources

Resources on Wills, Estates and Succession Act, Power of Attorney and Elder Law

Many of the groups supported by the Law Foundation have worked on important issues regarding Wills and Estates over the past few years. One significant contribu-

tor in this area was the B.C. Law Institute, which wrote a report in 2006 (Wills, Estates and Succession: A Modern Legal Framework) that contained many recommendations adopted by the government in 2009 when it passed the new Wills, Estates and Succession Act. The Law Institute’s report resulted from the BCLI’s Succession Law Reform Project, which looked at several different issues arising in this area and proposed reforms. The B.C. Law Institute receives an annual grant from the Law Foundation that contributes to its legal research and law reform work.

Other groups, such as People’s Law School (PLS), have responded to the change in legislation by creating in-formation fact sheets for the general public about how the legislation changed. The People’s Law School also has several publications about writing a Will, Power of Attorney and general issues that arise when there is a death in the family and there are videos on Wills and Estates issues. All these resources are available on the PLS website at publiclegaled.bc.ca/topics/wills-and-estates. Another group funded by the Law Foundation, the B.C. Centre for Elder Advocacy and Support (BCCEAS), does not provide legal assistance in the area of Wills or Succession but is a valuable resource on other elder law issues and has lawyers on staff to provide information, advice and representation services.

22 BARTALK / APRIL 2014

news&events

View from the North FROM NORTHEASTERN BRITISH COLUMBIA TO YOU

In-person PD opportunities are a great reason to get away from the office and from time to time they arise here in the north notwithstanding the great distan-ces that often both the attendees and the speakers must travel. One such full-day CBABC PD opportunity recently arose in Prince George.

Our president Dean Crawford travelled from the south as did The Honourable Chief Judge Tom Crabtree and with getting to the airport, through check in and

security, the trip from home takes somewhere in the neighbourhood of four or five hours. Travelling by motor vehicle, the drive south to Prince George from the Alaska Highway is about a

five-hour journey and there were at least three attendees that made that trip. Others from the west and south of Prince George also have to travel considerable distances to attend.

Those from Prince George, including the local Bencher, were able to enjoy the convenience of attending an all-day PD offering without the need to book flights and stay in a hotel as so many of our colleagues in the south are able to so often take advantage of.

The very real and true advantage of attending this PD event was of course meeting and networking with our far flung colleagues while at the same time learning and discussing the latest developments in the interrelationships between family and criminal law, emerging ethical issues and of course WESA.

In my view, the personal interaction that happens at live PD events is an invaluable benefit that ought to be experienced on a regular basis no matter what your year of call or physical location. These events are worth the travel and when they occur in the north they are all the more valuable for bringing those of us, having the common experience of practising in the north, into the same room.

My View from the North

— Clint Sadlemyer, QC

Mark Your Calendar! SCOTTSDALE2014Enjoy the essence of Arizona. Complete all 12 of

your 2014 CPD credits, including the two hours required ethics, professional responsibility and practice management component. Don’t miss out!

\ For more information >>> cbabc-conference.org

CBABCNinth Annual Branch CONFERENCE November 14-16, 2014

The Westin Kierland SCOTTSDALE, ARIZONA

KEYNOTE SPEAKER: The Honourable Justice Sandra Day O’Connor, Supreme Court of the United States

APRIL 2014 / BARTALK 23

Province-Wide Activities

VANCOUVERAprilActivities include:�� “Meet the Chiefs” forum with the three Chiefs, CBC’s Ian Hanomansing, and local high school students

�� Tours of the courthouse�� Free public law classes through-out the Lower Mainland, with the support of the People’s Law School�� “Legal Health Checklist” blitz�� Barry Sullivan Law Cup public speaking competition for secondary school students from across B.C.

NANAIMOSaturday, April 5 Nanaimo CourthouseActivities include:�� Mock Trial�� Police dog K-9 demonstrations�� RCMP seminar: Drugs on the Streets of Nanaimo�� Meet a sheriff and tour the cells and van�� Community service organization displays

CRANBROOKThursday, April 10 7:00 p.m. Key City Theatre�� The always popular Mock Trial where the audience gets to be the jury

TERRACEThursday, April 10Activities include:�� Mock Trial�� Tours�� Community service organization displays

KELOWNASaturday, April 12 10:00 a.m. – 2:00 p.m. Kelowna Law CourtsActivities include:�� Girl Guide arrests and Mock Trial�� Courthouse tours�� Community service organization displays

NORTH SHORESaturday, April 12 North Vancouver CourthouseActivities include:�� Simulated “crime scene” with RCMP and WVPD�� Panel discussions�� Youth court workshop/Mock Trial�� Community service organization displays

VERNONSaturday, April 12 10:00 a.m. – 2:00 p.m.Activities include:�� Celebration of the 100th anniversary of the Vernon Courthouse�� Courthouse tours�� Grand Mock Trial

VICTORIASaturday, April 1210:00 a.m. – 1:30 p.m. Victoria CourthouseActivities include:�� Mock Trial of Cinderella’s Step-mother�� Tours of sheriff’s cells and vans�� Victoria Police Department’s K-9 Unit demonstration�� Judges’ presentation

FORT ST.JOHNTentative Date: Saturday, April 26Activities include:�� Mock Trial�� Tour the sheriff’s vans�� Community service organization displays

Province-Wide DIAL-A-LAWYER DAYSaturday, April 1210:00-11:45 a.m., 12:15-2:00 p.m.604-687-3221 or 1-800-663-1919Residents in British Columbia are invited to call and speak with a lawyer for up to 15 minutes at no cost in the following seven areas of law: Family, Wills & Estates, Tort & MVA, Immigration, Business, Employment and Criminal

u 2014 Law Week’s theme is Access to Justice: What does it mean to YOU? This year, nine locations across British Columbia are participating in Law Week activities celebrating the 32nd anniversary of the Charter of Rights on Law Day, April 10. Check out bclawweek.org for all the details! Join the conversation on Facebook using hashtag #bclawweek and Twitter @bclawweek.

BCLAWWEEK.ORG Law Week 2014

LAW WEEK 2014

Partners

vancouver bar association

24 BARTALK / APRIL 2014

Webinar Repeats “It’s a New Dawn, It’s a New Day” WESA Webinar Modules�� Module I: WESA & New Probate Rules�� Module II: WESA & Will Drafting�� Module III: WESA & Litigation

Upcoming In-person Seminars Ethics in Action: Practice and Community IN PARTNERSHIP WITH THE NORTH SHORE BAR ASSOCIATION Date: April 29, 2014 Location: John Braithwaite Community Centre, North Van. Speakers: Dean Crawford, Presi-dent, CBABC, Coutts Pulver LLP and Jan Lindsay, QC, President, Law Society of B.C., Lindsay LLP IN PARTNERSHIP WITH THE NEW WESTMINSTER BAR ASSOCIATIONDate: May 13, 2014 Location: The Network Hub, New Westminster Speakers: Dean Crawford, Presi-dent, CBABC, Coutts Pulver LLP and Jan Lindsay, QC, President, Law Society of B.C., Lindsay LLP

IN PARTNERSHIP WITH THE KELOWNA BAR ASSOCIATION Date: May 29, 2014 Location: The Royal Anne Hotel, KelownaSpeakers: Dean Crawford, Presi-dent, CBABC, Coutts Pulver LLP and Thomas P. Fellhauer, Elected Bencher (Okanagan District), Pushor Mitchell LLP

IN PARTNERSHIP WITH THE CBABC WILLS & TRUSTS SECTIONS CBABC Wills & Trusts Sections Professional Development Joint Conference & Retreat 2014Attendance at this event will provide you with six CPD Hours

Date: May 2-3, 2014 Location: Sparkling Hills Resort, Vernon

IN PARTNERSHIP WITH THE DEPARTMENT OF JUSTICEJudicial Bias – Say it isn’t So – Or is it?Date: May 6, 2014 Location: The Law Courts Inn, Vancouver Speakers: The Honourable Chief Justice Christopher E. Hinkson, Supreme Court of British Col-umbia and Craig E. Jones, QC, Branch MacMaster LLP

Upcoming WebinarsAll webinars are moderated by Stuart Rennie, Legislation and Law Reform Officer, CBABC

Don’t Get Lost at Sea: A Beacon for Law Practice Accounting Date: April 15, 2014 Speakers: Felicia Ciolfitto, Manager, Trust Regulation, Law Society of British Columbia and April De Vito, CGA, April M. De Vito Inc.

Non-Disclosure Agreements Date: April 30, 2014 Speakers: Dean Crawford, Coutts Pulver LLP and Dierk Ullrich, Fasken Martineau DuMoulin LLP

Buying or Selling A Solo/Small Firm Law Practice: Is that the Right Fit for You? Date: May 7, 2014 Speakers: Gary Mitchell, On Trac Coach, Sheena M. Mitchell, Cor-

porate Law For Small Busi-ness and Entrepreneurs,

Kel Reid, CPA, CMA, Pinch & Reid and Victoria Starr, Starr Family Law

An Anatomy of the Civil Forfeiture File: From Opening to Closing

Date: May 8, 2014 Speakers: Jay I. Solomon,

Jay I Solomon Law Corp and J. Douglas Eastwood, QC, Min-istry of Justice-Legal Services Branch-Civil Litigation

Decoding Medical Records for Effective Trial and File Management Date: May 13, 2014 Speakers: Kenneth Armstrong, Stewart & Company, Eileen Finnegan, Vancouver Litigation Support Services and Catherine A. Sas, QC, Miller Thomson LLP

Civility in the Courtroom: Essentials for Trial Lawyers Date: May 15, 2014 Speakers: Mr. Justice Frits E. Verhoeven, Supreme Court of B.C. and Claire E. Hunter, Hunter Litigation Chambers

Interviewing Children in Family Law Date: May 22, 2014 Speakers: Trudi Lynne Brown, QC, Brown Henderson Melbye, Mary E Mouat, QC, Quadra Legal Centre and Bobbi Poushinsky C.Med., Bobbi Poushinsky Mediation

\ For a complete list of registration details and requirements, please contact the Professional Development Department 604-646-7866 or 1-888-687-3404 ext. 329 or email pd@cbabc.org.

\ WEBSITE: CBAPD.ORG EMAIL: PD@CBABC.ORG

CBABC Professional Development courses are designed to meet the needs of lawyers while still maintaining the opportunity to network and advance one’s career, practice and business. We pride ourselves in bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2014 Law Society of British Columbia reporting.

professionaldevelopment

APRIL 2014 / BARTALK 25

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26 BARTALK / APRIL 2014

barmovesSPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME

FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND A HIGH-RESOLUTION PHOTO TO CBA@CBABC.ORG NOW.Who’s Moving

Where and WhenSarah Orr has joined Edwards, Kenny & Bray LLP as an associate. Her litigation practice is focused on insurance, product lia-bility and personal injury litigation.

Matthew Schisselhas joined Edwards, Kenny & Bray LLP as an associate. His litigation practice is focused on commercial litigation, shareholder disputes, personal injury, employment, torts and construction litigation.

Siobhan Samshas joined Harper Grey LLP as an as-sociate with the Commercial Litigation group. Siobhan practises in the area of product liability with a focus on large scale cross-border litigation.

Gary Hagel joined the partnership of Pryke Lambert Leathley Russell LLP. Gary continues to practise primarily in the areas of Insur-ance and Personal Injury law.

Brian Corcoranjoined the partnership of Pryke Lambert Leathley Russell LLP. Brian continues his Solicitors practice in the areas of Corporate Commercial, Finance and Real Estate law.

Sean Donovan has joined Edwards, Kenny & Bray LLP as associate counsel. His litiga-tion practice is focused on commercial litigation, particularly in corporate gov-ernance, business and finance disputes.

Rodney Urquhart has joined Edwards, Kenny & Bray LLP as a partner. His litigation practice is focused on commercial, real estate, insurance, estates, employment, ad-ministrative, personal injury, torts and construction litigation.

Michael S. Jones has joined Waterstone Law Group LLP’s Langley office. Michael will practising Family Law.

Afeeza Sovani has joined Waterstone Law Group LLP’s Langley office. Afeeza will be practising personal injury litigation.

David Ford joins Miller Titerle LLP where he will focus on corporate commercial law, with an emphasis on advising technol-ogy companies. Prior to joining Miller Titerle, David practised at Fasken Martineau DuMoulin LLP.

newmembers

AssociateRobert BurtonRichmond

Regular MembersJacqlin K. Anthony New Gold Inc. VancouverAhna FernandezPearkes & Fernandez NelsonJames J. FitzmauriceJames J. Fitzmaurice Law Corporation SmithersStephanie B. GornerBaker Newby LLP ChilliwackLisa Jozsa VictoriaWinston KamRemedios & Company VancouverLucya Kowalewski Clark Wilson LLP VancouverKatherine C. McKey Rose Keith Law Corp. VancouverJody K. PihlPihl Law Corporation KelownaPatricia WeberOliver & Co. Williams Lake Articling StudentsJuliana DalleyCommunity Legal Assistance Society VancouverWilliam DeWolfSmithersAllegra GellerDaniel B. Geller Barrister & Solicitor West VancouverAmalia GustergerlingHarper Grey LLP Vancouver

Stephen Hawkshaw Tax Court of Canada OttawaRenata Isenor Webber Weiser McKinley & Kay KamloopsPavan JawandaMcCarthy Tétrault LLP VancouverKyle C. JohnsonVancouverJennifer Lowson North VancouverJessica A. Magalios VancouverAndrew ParkFasken Martineau VancouverSascha ParukMcCarthy Tétrault LLP VancouverJason Pouya Shabestari Morrison & Company SurreyColin Simkus Crease Harman LLP VictoriaAlix A. TollidayRitchie Sandford Vancouver

Law StudentsStefan AndrettiLisa M. BarrettMark DornerMosope Doris FagbongbeRyan GatesBianca M. KendreganDylan T. MazurMichael A. MulroneyIliad NazhadWarda NegyalSahasra PedersenCarolin PuettjerMarcel A. PytlewskiElisabeth SadowskiJeremy SapersPauline E.T. StoreyLiam T. ThomsonRyan Walia

APRIL 2014 / BARTALK 27

SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS)

AND A HIGH-RESOLUTION PHOTO TO CBA@CBABC.ORG NOW.

TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1404

Harmon Hayden joined Bilkey Law Corp., an insurance boutique located in beautiful Kam-loops. Harmon practises exclusively in insurance law and risk management.

David Bilkey, QC is practising as Bilkey Law Corp. in beautiful Kamloops. David’s firm is devoted exclusively to insurance law.

Matthew Voell has joined Underhill, Boies Parker. Matthew practises in the area of pub-lic law, acting for clients in municipal, administrative, constitutional, aborig-inal, labour, and human rights matters.

Nicole C. Hamilton joined Waddell Raponi as an associate. Waddell Raponi offers a comprehensive range of legal and dispute resolution services.

Vina Sayson joined the partnership of Pryke Lambert Leathley Russell LLP. Vina’s areas of practice include Commercial Leasing and Real Estate, Corporate Commercial, Estate and Incapacity Planning and Estate Administration.

January & February 2014

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